HomeMy WebLinkAboutSTANDARD PACIFIC CORPORATION - 1974-04-01 (3) E
REIHBURSFMENT AGRFEMEN; FOR
A SEWER LIFT STATIGl
THIS AGREEMENT entered into by and between the CITY OF 4UNTINCTON BE^CH,
a run;icipal co7noration, hereinafter for convenience referred to as "City"
and 'aTANDARD PACIFIC COL.PORATIC:4, hereinafoi for convenience referred to
as "Builder"
WHEREAS, Builder, pursuant to agreement with G::y hr,�, at his own cost ,.µ.
and expense, constructed a sewer pump station, hereinafter referred to as
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faci7.i.ties, to serve Builderts subdivision Tract Nos. 7651 and 7491 and
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adjacent properties and saiu facilities have been constructed in
conformity rti=ith the plans and specifications approved 'by the Director of a
Public Works of City, and ha-re been dedicated to City, and City desires to
reimburse Builder for a portion of the cost of the construction of said
facilitie5 as provided by the ordinance code, g .-
NOW, MEREPORE, in cons-1..eration of tbE premises and agre--,Yt.,nts herein
contained, the parties hereto agree as follows.
' Builder has constructed, at a total cost of $32,312.33 a :sever Fump ^
station and appurtenan:es ',a serve Tracts 7651 and 7491 and adjacent
properties. (See Exhibit "Art attached hereto and made a part hereof
.for a map of the area served) and has dedicated said facilities to City.
The refund to be ps.?d to Builder under this agreer+pnt is as follows:
Total job cost of facilities $32,312�33
Less 10% per Huntington Beach O diTmnce
Code Sectian 3545 (c) $ -,231.23
Net Refundable $29,08'1.10
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N- refund shill be ride by City t; Buil,ler until Ohs Dita•ztor iz€ Publi,
Wx.rks shall certify in writing.., t tht I'znarcr- Dirvt.: (,,r that Builder is
tntitivd to a refund by reason i cc;nnect.ion having, bEen ma•3e tee fatilities
in aci .rdanr-e wi t i the HunLingtort Bead; Q dinance Code, and that `.'i tv has
received the fee for suc,s ..onnetAion.
City shall not be liable fc.r payment of refund zly rea:un of its failure
to r.tllect or rkce,i4e fYom a-.iv person or r=ncity fF.e connection f,5c; However,
City agrees from an administrative, lellslat5/e or quasi jcaicial procedure.
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to protect the interest of developers, either individuals or entities, who
have previously eonstru,.ted similar facilities, by the collecting fees, either
prior to or cr-,acurrent with the- dever-loprcnt, or anv prope*ty a.:rved by the v , l
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facility construa,tc•°t t.nder Ois agreemet,t. If a deveCipe:r whc develops property
served by the facility crnstrtactc;si by Builder is required as a contlition of
development to construct Adition3l facilities, City may allow said developer �w+
credit, towatA the p:r acrr,.Peo fern conwi�tent with this said agreement; and no s
fees shall be Jue Builder by reason =,f ;>uch tunstruct.'•rn City further agrees �-
to furnish a copy of this agreement t(. the devcl,•per of any properties served
by the facilities described h(=rein„
In the event City does not require a Cleve l-,,per to, lepwiit the connection t
fee with the City prim to °r c ncurrent with de elcTment, J,lty; will provide
an agreement with said developer that c;aid developer is obligated, not only
to the pity, but to Builder, and tc devc€opers who. have previously contributed
to the cost of c, nstmti,.n :.5f fac%litic.L, c+,n.struc.ted hereunder to deposit
said fee with City; said agzc.t^.e=nt will further provide t!;at in thf,- event
that it becoare.5 nece:�sary to iaz- t;tarty lcgal pr<xe,, . ngs, either by the City
or oy Builder or d.velopert,, whm., h"ve j,,rcvi,futily =c; ..trlbuted Lo the cost of
such facilltie , to vnf*r4c; the: rishts �a: tFzc kttrtie4 thrr�untier, tl"at the
prevailing; patty shall be entitiled taxi rtisonable at,...1*Rt+y ft-e} provided,
however, that. the City shall not be rcgLAr€A to pay t'ae sttorrey fees for any
of the parties.
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It is understood that the t'lty is not required to inst-ruse legal
proceedings to protect the intorest of the Builder, but tray do so,
NITNESS Ct"R HANIDS AVD SEALS the day, month and yeL.r appearing below,
DATED this `T day of � �.�'Y ��, 19 '744
C'TY rT HVNTINGTON BEACH,
a munici.pal corporation
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Cityof HuntingtonBeach
A.O, 13ex ISO CALIFORNIA 92648
FOBt �3
a . ENGINEERING I)UARLMEN'"
",' vember 29, 1976
a 5 �
i� 2 dR
Honorable Mayor
and Council Members
City of Huntington Beach �I
Attention: .FLoyd G. Belsito
City Administrator
zl
Subject: Refund on Reimbursement, Agreement 74-S1
Dear Council Members:
Transmitted herewith is a resolution authorizing a .refund
of $10,895.61 to Standard-Pacific Corporation for the sewer
lift station built in conjunct tior. with Tract. 7651. Fees in
this amoutzt have been collected from the service area of the
lift station and should be ,refunded from the sewer fund.
It is recommended that your Honorable Body adopt the
resolution.
Very truly yours,
ar
Director of Public Works
HEI :CJWW,me
Attach.
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STA E N elf r%1P rkC ION +,F COUNCIL
r.�n,exsu �. � d:�at3?T�'d'r, L;iC',T iinll
11ii-,i .ivs=.t in roach California
_. tI,YS J`a mess __ _ called the regular meeting of the City
k.ounci.l of the City of Huntington Beac.'r., to order at -00, P.M.
Councilmen Present: Shi.ulev. iisz t,t. Gibbs. QL'fs+
Councilmen Abscnt: ;;cn
9rY���fc#iY'�ek�7kksYkih�kirk�c�k�k�e'k�s^Fr�s'k-kak3r7t�rt�ick:tkdeie��kx�:�r�ticx,t�ri:�rir3rfrkzYit rsY�k��k�'klcfirhsY3r�e�Y
CONSENT CALENDAR - (ITEMS APPROVED)
On motion by ]Bartlett, the following items were approved as recommended by the
following toll Call. vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, ;puke, Matney
NOES. Councilmen. Bone
ABSENT: Councilmen: None
REI'`MURSEMENT AGREEMENT - STANW BD PACIFIC CORPORATiQY - APPROVED - Approved a
reiribursement agreement between theCity and Standard Pacific. Corporation for a k -,
sewer lift station built by b.-andard Pacific Corporation in conjunction with Tract
No. 7651 a• :! authorized the Mayor and City Clerk to execute sake on behalf of the �
City,
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On motion by Duke` the regular _ --- meeting of the
City Council of the City of Huntington Beach adjourned at 4:30 P.M. �
to .Mondtty. Ayril 15. 1974at -5:30 P.M. in the Council Chamber
The motion was passed by the following vote:
Ale"ES: Councilmen: Shipley. Bartlett t=aibhs f ree:n Coin DuUe Matne
I;C1ES: Councilmen: No o
ABSENT: Councilmen; None
Alicia M. 'a _
City Clerk and ex-e '" "kerk
of the City Couznc_i, r City
ATT)'aSTt of Huntington Beac, - -ornia,.
Alicia M. Wentworth yr
City Clerk layer
`'STATE OF CAL>;1'OMIA
:`county of Oran.';e &&:
City of H tnting-4 a n. Beach
i., AL';CIA M. WENTW(iK11, thii duly appointeJ, gaalified and actinfg City Clerk of the
Cite of lluntingt*n Beach, California, do lttreby certify that the above; and f6regoing
is a true and correc,tTStatewintof Action of the City Council of said Citv at their
regular .W.`._...,. ak*eting held on the lst. day of Anvil 14 74
'41TMSS ter 'hand and seal of the said City of Runting,tcn Beach ^Ttis the y dry
Of 19 �.
city Cler%and ex-officio Clerk
01 the City Unun it of the Cie'.y
of Huntirtgto Beach, California
BY
Deputv
C
S
City of HuntingtonBead J°
4f'.t,1 P.O. 8Ux 190 CALIFORNIA 92Z 8 4
ENGINEERING DEPA.RTIviENT w,
'larch 20, 1974 �
t
Honorable klayor ry t,A.
and City Council
City o-` Hunti�clton Beach
Attention: David D. 'lowland,.
City Administrator
Subject: Reimbursement Agreenent - Tract 7651
TranorUtted herew4.th is a reimbursement agreement with tie
3-canda. Pacific Corporation for a sewer lift station built by
Coat co' .:iratiore in conjunction with Tract 7651. Phe facility
�,:-�rves l34.Og acres and reimburs-ments will. be made to Standard
Pacific from fees charged to those who develop the service area.
I recormend that your Honorable Bo,'y execute. the agreement,
return one copl, to this office, anf? transmit a certified copy
to the Standard Pac;:fic Cori-,;ration.
Vsry truly yours,
nirLctor of Public 'gorks
n,F:DLCza.e
'Trans
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